Can You Bail Someone Out Of Immigration Detention?

Highlights:

• You can bail someone out of immigration detention, but only if they qualify for bond based on their criminal record, immigration history, and flight risk.
• If eligible, you must request a bond hearing before an immigration judge, who decides whether to grant release and how much the bond will be.
• Bond amounts typically range from $1,500 to $15,000, and only U.S. citizens or green card holders can pay it, using strict payment methods.
• If the judge denies bond, options like appeals, humanitarian parole, or a second hearing may still be available depending on the case.

When a loved one is taken into immigration custody, it can feel like everything stops. Panic sets in, and the first question families ask is often, “Can we get them out?” The answer depends on a few key factors, including legal status, past records, and whether the government considers them a flight risk.

In many cases, it’s possible to request a bond, a type of immigration bail, but eligibility is not guaranteed. The first step is figuring out if your loved one qualifies. From there, it becomes a matter of navigating the bond process carefully and knowing what to expect at each stage.

Who Can Get An Immigration Bond In Houston?

Unlike criminal court, there’s no “automatic” bond in immigration cases. Immigration detention falls under civil law, and bond is discretionary.

To qualify for a bond:

• The person must not be subject to mandatory detention. This is usually triggered by serious criminal convictions or repeated immigration violations.
• They must show they are not a danger to the community.
• They must show they are not a flight risk, or in other words, they’re likely to attend future hearings.

Some people are simply ineligible:

• Those with certain criminal offenses, like drug trafficking or aggravated felonies.
• Those who re-entered after a prior removal.
• People already under a final order of removal.

If your loved one meets the basic criteria, there’s a good chance they can request a bond. But remember, eligibility doesn’t guarantee release. It’s up to the judge, and how well your case is presented makes all the difference. Once we’ve confirmed someone qualifies, the next step is knowing how to ask for that bond and doing it the right way.

How Immigration Bond Hearing Works In Texas

Once we know someone qualifies for a bond, the next move is to ask for it formally through the court system. This step is called a bond hearing. It’s your chance to show the immigration judge that your loved one deserves to be released while their case is pending. Here’s what the process usually looks like:

1. Filing a written request for a bond hearing with the immigration court, often via Form EOIR-26, or a notice of appeal from a decision of an immigration judge.

2. Prepare evidence that the person is not a danger or flight risk. These can be:

• Proof of address and family ties.
• Letters from employers, churches, or community members.
• Birth certificates of U.S. citizen children.
• Evidence of rehabilitation if any prior issues exist.

3. Attend the hearing, where the judge may grant or deny bond or set a new amount.

A bond hearing might last less than an hour, but what happens in that room can shape an entire family’s future. That’s why preparation is so important; every letter, every document, every word matters. Once a bond is granted, the next question becomes how to pay it and bring your loved one home. Let’s talk about how that works.

What Does Immigration Bond Cost?

Bonds aren’t free, and the amounts can vary widely. The minimum is $1,500, but many bonds fall between $5,000 and $15,000.

Factors that influence the amount:

• Length of U.S. residence.
• Family and community ties.
• Any prior immigration history.
• Risk of not showing up for court.

In Houston, we often see judges set higher bonds due to local enforcement trends. These numbers can feel overwhelming, especially if you’re already juggling lost income or legal fees. But many families find a way by pooling resources, reaching out to their community, or exploring payment assistance options.

Once you know the amount, the focus shifts to making the payment correctly and safely. Let’s go over how family or friends can post bond and what to expect.

How Can Family Or Friends Pay An Immigration Bond?

Once a bond is granted and you know the amount, the next step is paying it the right way. Unlike criminal bail, immigration bonds must follow strict rules, and only certain people can make the payment. If you’re the one helping your loved one get released, here’s what you need to know before heading to an ICE office.

• You must be a U.S. citizen or a lawful permanent resident. That means the person posting the bond must show proof of legal status. Undocumented family members cannot pay the bond, even if they have the money.
• Bring a valid photo ID and your Social Security card. ICE requires both to verify identity and eligibility. Make sure all documents are originals or certified copies; no photocopies are allowed.
• Payment must be made by certified check or money order. Personal checks, credit cards, and cash are not accepted under any circumstances. Make the check payable to U.S. Department of Homeland Security.
• Go to an ICE ERO (Enforcement and Removal Operations) office during business hours. Call ahead to confirm the location accepts bond payments and schedule an appointment if needed. Some offices, including those in Texas, can be strict about drop-in visits.
• You’ll receive an official receipt, and ICE will notify the detention center. Release usually happens the same day, but depending on the facility, it can take a few hours or longer. Keep the receipt safe; it’s your only proof of payment.

Once the bond is paid, the waiting begins, but the moment your loved one walks out is one you’ll never forget. That release is a turning point, but it’s not the end of the road. So what happens if the judge says no? Let’s talk about your options when a bond is denied.

What To Do If The Bond Is Denied?

Sometimes, despite strong arguments, a judge denies bond. That doesn’t mean hope is lost.

Here’s what you can do:

• File an appeal with the Board of Immigration Appeals (BIA) within 30 days.
• If new evidence becomes available, you may ask for a second bond hearing, though judges may require a “change in circumstances.”
• Explore alternative release options, such as parole, especially for medical reasons or humanitarian cases.
• Consider post-conviction relief if a criminal history is blocking bond.

A bond denial can feel like the door has slammed shut, but there’s still room to act. Whether it’s filing an appeal, pursuing humanitarian parole, or exploring other legal relief, you don’t have to navigate it alone. These moments are where strategy, persistence, and legal guidance matter most. Let’s talk about how we can support your family through detention and beyond.

Standing With You Through Detention

At Houston Immigration Lawyers, we know how scary it is when a loved one is taken into immigration custody. The system moves fast, the rules are confusing, and every decision can affect your family’s future. That’s why we drop everything to focus on our clients during these emergencies, because families deserve protection, not panic.

Here’s how we support you every step of the way:

Acting Quickly

Timing matters in detention cases. Whether it’s requesting a bond hearing or challenging a denial, we move with urgency to protect your loved one’s rights.

Building A Strong Bond Hearing Packets

Judges need to see evidence. We gather letters, documents, and affidavits to show community ties, family support, and legal relief eligibility.

Speaking Honestly About Risk

If a bond is unlikely, we’ll explain why and outline other possible paths. You’ll never be left guessing about your options or next steps.

Staying In Touch With Detention Centers

Communication can be tricky when someone is held by ICE. Our team knows how to get updates, advocate for humane treatment, and coordinate release logistics.

Supporting Families After Release

Getting someone out is just the beginning. We continue to fight for permanent status, whether through asylum, cancellation of removal, or family petitions.

If your loved one is in immigration detention and you’re unsure what to do next, we can help clarify your options. Schedule a confidential evaluation with our team today.